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Home My WebLink AboutRES 121421-L - GISD VAME on Airport RdRESOLUTION NO.�— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS CONDITIONALLY AUTHORIZING ACCEPTANCE OF A 0.107-ACRE VISIBILITY, ACCESS, AND MAINTENANCE EASEMENT IN THE DAVID WRIGHT SURVEY, ABSTRACT 13, FROM GEORGETOWN INDEPENDENT SCHOOL DISTRICT WHEREAS, Georgetown Independent School District ("GISD") owns a 35-acre tract of land in the David Wright Survey, Abstract 13, as described in a deed recorded in Document No. 2021085204 of the Official Public Records of Williamson County, Texas; and WHEREAS, Woodgate Development Partners, LLC ("Woodgate") owns a 11.572- acre tract of land in the David Wright Survey, Abstract 13, as described in a correction deed recorded in Document No. 202109738 of the Official Public Records of Williamson County, Texas; and WHEREAS, Woodgate is constructing a logistics facility on its property and desires to install a second driveway onto Airport Road, but said driveway will suffer from sight line issues due to the bend in Airport Road and cannot be utilized without; and WHEREAS, Woodgate has procured from GISD, for the benefit of the City, a Visibility, Access, and Maintenance Easement (the "Easement") in the form attached hereto as Exhibit A and by this reference incorporated herein across a 0.107-acre portion of GISD's property (the "Easement Area") as shown in the Easement agreement; and WHEREAS, as a condition of granting the Easement, GISD has requested that contractors of the City performing work within the Easement Area carry certain insurance; and WHEREAS, the City Council has determined that, in order to promote the public safety of travelers on Airport Road, the Easement Area must be clear of obstructions before the City can accept the Easement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. Resolution No. 12,14 Z, - L- Description: Acceptance of Georgetown ISD VAME on Airport Road Date Approved: Pagel of 2 SECTION 2. Upon satisfaction of any outstanding title matters, and upon clearance of the Easement Area to the satisfaction of the City's Development Engineer, City Staff is hereby authorized to accept the conveyance of the Easement to the City and to maintain the Easement Area thereafter. SECTION 3. The Mayor is hereby authorized to sign this Resolution and the City Secretary to attest. This Resolution shall be effective immediately upon adoption and execution by the Mayor. PASSED AND APPROVED on this W^- day of acm 6u--, 2021. CITY OF GEOR(MTOWN % ATTEST: By: J016achroe3l6r, Mayor Robyn Densmore. City Secretary APPROVED AS TO FORM: Skye 04assoir, City Attorney Resolution No. I — L— Description: Acceptance of Georgetown ISD VAME on Airport Road Date Approved: Page 2 of 2 EXHIBIT A VISIBILITY. ACCESS AND MAINTENANCE EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON That, GEORGETOWN INDEPENDENT SCHOOL DISTRICT ("GRANTOR"), for and in consideration of the payment of TEN and NO/100 DOLLARS, and other good and valuable consideration, in hand paid to GRANTOR by the CITY OF GEORGETOWN, TEXAS ("GRANTEE"), the receipt of which is hereby acknowledged, have GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL, and CONVEY unto the said GRANTEE, a non-exclusive easement and right to perpetually maintain the Easement Area free of obstruction for sight visibility, in along, upon over and across the following described property: Being all that certain tract, piece or parcel of land lying and being situated in the County of Williamson, State of Texas, being more particularly described by metes and bounds in Exhibit A and by diagram in Exhibit B attached hereto and made a part hereof for all purposes (herein sometimes referred to as the "Easement Area" or the "Property"). No building, wall, screen, berm, sign, tree, shrub, hedge, structure or other improvement, including fencing, shall be constructed in, along, upon, under, over or across the Easement Area herein granted in a manner that interferes with the purpose of this Easement. Grantee shall have the right, but not the obligation, to maintain all landscaping within the Easement Area. Should Grantee exercise this maintenance right, it shall be permitted to remove and dispose of any and all landscaping improvements, including without limitation, any trees, shrubs, flowers, ground cover, structure and/or fixtures. Grantee shall also have the right, but not the obligation, to add any landscape improvements to the Easement Area, to erect traffic control devices or signs on the Easement Area and to remove any obstruction thereon. Grantee will require its contractor and all of its contractor's subcontractors performing work within the Easement Area to carry comprehensive general liability insurance, worker's compensation insurance, and (if required) pollution insurance, in commercially reasonable amounts, with such insurance to be provided by reputable insurance carriers and to name Grantor as additional insured. The Grantee shall have, and it is hereby granted, the right of ingress and egress over that portion of the servient estate as is reasonably necessary to and for the limited purpose of accessing the Easement Area. TO HAVE AND TO HOLD the rights and interests herein described unto the CITY OF GEORGETOWN, TEXAS, and its successors and assigns, forever, and GRANTOR does hereby bind itself, its successors and assigns, to warrant and forever defend, all and singular, these rights and interests unto the CITY OF GEORGETOWN, TEXAS, and its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof. [Signatures on the following pages.] GEORGETOWN VISIBILITY ACCESS MAINTENANCE EASEMENT Page 1 of 3 Project #200-7000-0034 CoG Map Quad M-58 EXECUTED this day of 12021. GRANTOR GEORGETOWN INDEPENDENT SCHOOL DISTRICT Dr. Fred Brent, Superintendent STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of , 2021, by Dr. Fred Brent, acting in his capacity as Superintendent of and on behalf of the Board of Trustees of Georgetown Independent School District. Notary Public, State of Texas GEORGETOWN VISIBILITY ACCESS MAINTENANCE EASEMENT Page 2 of 3 Project #200-7000-0034 CoG Map Quad M-58 APPROVED AS TO FORM: Assistant City Attorney GEORGETOWN VISIBILITY ACCESS MAINTENANCE EASEMENT Page 3 of 3 Project #200-7000-0034 CoG Map Quad M-58 EXHIBIT A SIGHT DISTANCE EASEMENT Georgetown Independent School District David Wright Survey, Abstract No. 13 City of Georgetown, Williamson County, Texas DESCRIPTION of a 4,678 square foot (0.107 acre) tract of land situated in the David Wright Survey, Abstract No. 13, Williamson County, Texas; said tract being part of that certain tract of land described in Special Warranty Deed to Georgetown Independent School District recorded in Instrument No. 2021085204 of the Official Public Records of Williamson County, Texas; said 4,678 square foot (0.107 acre) tract being more particularly described as follows: (Bearing System for this survey is based on the State Plane Coordinate System, North American Datum of 1983 (Adjustment Realization 2011), Texas Central Zone 4203. Distances reported have been scaled by applying a surface adjustment factor of 1.0001313201): BEGINNING, at a 1/2-inch iron rod found for corner in the east right-of-way line of Airport Road (a variable width right-of-way); said point being the northwest corner of that tract of land described in Correction Warranty Deed to Woodgate Development Partners, LLC, recorded in Instrument No. 2021089738 of said Official Public Records and the southwest corner of said Georgetown Independent School District tract; THENCE, North 18 degrees, 45 minutes, 55 seconds East, along the said east right-of-way line of Airport Road and the west line of said Georgetown Independent School District tract, a distance of 291.10 feet to a point for corner; THENCE, South 11 degrees, 37 minutes, 59 seconds West, departing the said east right-of-way line of Airport Road, into and across said Georgetown Independent School District tract, a distance of 258.87 feet to a point for corner in the northwest line of said Woodgate tract and the southeast line of said Georgetown Independent School District tract; THENCE, South 61 degrees, 57 minutes, 43 seconds West, along the said northwest line of the Woodgate tract and the said southeast line of the Georgetown Independent School District tract, a distance of 46.96 feet to the POINT OF BEGINNING; CONTAINING: 4,678 square feet or 0.107 acres of land, more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract described. ti: •4-�Gl } �q� +�lr l � 11 /05/2021 Kn..... EMiAN HA8Ri5 Kyle leman Harris Date ............... Registered Professional Land Surveyor No. 6266 r 6266 pr Pacheco Koch Consulting Engineers, Inc. 91yo `fss 7557 Rambler Road, Suite 1400, Dallas TX 75231 s V IR (972) 235-3031 TX Reg. Surveying Firm LS-10008000 4670-20.594EX4.doc 4670-20.594EX4.dwg AMY Page 1 of 2 EXHIBIT B 0 20 40 80 GRAPHIC SCALE IN FEET 1 "=40' LEGEND PROPERTY LINE PROPOSED EASEMENT LINE EXISTING EASEMENT LINE 0 P01NT FOR CORNER (UNLESS OTHERWISE NOTED) (C.M.) - CONTROLLING MONUMENT P.O.B.- POINT OF BEGINNING GOERGETOWN INDEPENDENT SCHOOL DISTRICT (INST. NO. 2021085204) SIGHT DISTANCE EASEMENT 4,678 SF (0.107 ACRES) 20' PUBLIC WATER EASEMENT (INST. NO. 2020148314) 1/2-INCH IRON ROD FOUND 589.84 N -El 57-43" E 631.78' N S 61'57'43" W 46.96' The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of survey accurately sets out the metes and bounds of the easement tract described. X;-: �t&. 11I05/2021 Kyle oleman Harris Date Registered Professional Land Surveyor No. 6266 1/2-INC�(C.M.) ROD FOUND� N 62. 07'12" E 437.48' WOODGATE DEVELOPMENT PARTNERS, LLC (INST. NO. 2021089738) NOTES: 1. A metes and bounds description of even survey date herewith accompanies this plat of survey. �.OF. T� . 5Tq..f9 2. Bearing system for this survey is based on 4� �o%W the State Plane Coordinate System, North ,,�......•... American Datum of 1983 (2011), Texas COLEMAN RABBIS Central Zone 4203. Distances reported have A •'826$ •• y: been scaled by applying a surface adjustment .�._ factor of 1.0001313201. U Pacheco 7557 RAMBLER ROAD SURE 1400 DALLAS, TX 75231 972.235.3031 Koch DALL TX REG. ENGINEERING FIRM F-469 TX REG. SURVEYING FIRM LS-10008000 DRAWN BY CHECKED BY SCALE DATE JOB NUMBER AMY I CTP/KCH 1 "=40' NOV 2021 4670-20.594 SIGHT DISTANCE EASEMENT PART OF GEORGETOWN INDEPENDENT SCHOOL DISTRICT AND BEING OUT OF THE DAVID WRIGHT SURVEY, ABSTRACT NO. 13, CITY OF GEORGETOWN, WILLIAMSON COUNTY, TEXAS PAGE 2 OF 2